ce of the use for twenty years affords presumption of the extinguishment of the right, in favor of some others adverse right. 5 Whart. Rep. 584; 23 Pi...
construction. That which in a written agreement or will is unintelligible. 2. It is a rule of law that an instrument shall be so construed that the wh...
The name of a judgment given against a plaintiff, when be is unable to prove his case, or when he refuses or neglects to proceed to the trial of a cau...
ded, that nothing herein contained shall extend to officers, in the militia or justices of the peace. The 31st section of the constitution provides th...
civil law. Persons who have the management and care of hospitals for paupers. Clef Lois Rom. mot Administrateurs....
These words are endorsed ou a bill of indictment by a grand jury,.when they have not sufficient evidence to find a true bill; the same as Ignoramus. (...
ory in the defendant, or a person under whom he claims, may be given in evidence under it, which matters show, prima facie, that the right of possessi...
A plea sometimes used in actions of trover, when the defendant was not possessed of the goods at the commencement of the action. 3 Mann. &Gr. 101, 103...
An officer appointed by the executive, or otherappointing power, under the laws of different states. 2. Their duties are generally prescribed by such ...
estates, conv., practice. The fourth part of a fine of lands: it is an abstract of the writ of covenant and concord, and is only a, doequet taken by t...
contracts. Another name, less technical, for a promissory note. (q. v.) 2 Bl. Com. 467. Vide Bank note; Promissory note, Reissuable note....
practice. Short statements of what transpires on the trial of a cause; they are generally made by the judge and the counsel, for their Own satisfactio...
give it in writing, and to preserve evidence of its delivery, as in the case of notices of the dishonor of a bill. 7. The form of the notice may be as...
in pleading. This is frequently necessary, particularly in special actions of assumpsit. 2. When the matter alleged in the pleading is to be considere...
der must prove it reached the endorser. 2 Pet. 121. But in those towns where they have letter carriers, who carry letters from the post office and del...
practice, evidence. When it is intended to give seoondary evidence of a written instrument or paper, which is in: the possession of the opposite party...
en. Where, therefore, several persons are jointly inte- rested in the premises, they all must join in the notice, and if any of them be not a party at...
The name of the minute made by a notary on a bill of exohange, after it has been presented for acceptance or payment, consisting of the initials of hi...
of information on the state of foreign countries, and in all such instances upon the accident of their being little known or pub- licly communicated. ...
The name of an imposition or duty in England. Vide An- tiqua; Customs....
New statutes. The name given to the statutes commencing with the reign of Edward III. Vide Vetera Statuta....
The title of an ancient English book, written during the reign of Edward III. It consists of declarations and some other pleadings....
civil law. 1. Novation is a substitution of a new for an old debt. The old debt is extinguished by the new one con- tracted in its stead; a novation m...
Vide New Assignment....
The name of an old remedy which was given for a new or recent disseisin. 2. When tenant in fee simple, fee tail, or for term of life, was put out, and...
The ordinances of the emperor Leo, which were made from the year 887 till the year 893, are so called. These novels changed many rules of the Justinia...
civil law. The name given to some constitutions or laws of some of the Roman emperors; this name was so given because they were new or posterior to th...
A new man; -this term, is applied to a man who has been pardoned of a crime, by which he is restored to society, and is rebabilitated. ...
civil law. A personal, arbitrary, and indirect action in favor of one who has been injured by the slave of another, by which the owner or master of th...
civil law. One who is of a proper age to be married. Dig. 32,51....
Naked. Figuratively, this word is applied to various subjects. 2. A nude contract, nudum pactum, q. v.) is one without a consideration; nu de matter, ...
A bare allegation unsupported by evidence....
ation,; it is called a nude or naked contract, because it is not clothed with the consideration required by law, in order to give an action. 3 McLean,...
crim. law, torts. This word means literally annoyance; in law, it signifies, according to Blackstone, " anything that worketh hurt, inconvenience, or ...
law French. A barbarous word which means to convey a negative; as, Nul tiel record, Nul tiel award....
No award. A plea to an action on an arbitration bond, when the defendant avers that there was no legal award made. 3 Burr. 1730; 2 Stra. 923....
pleading. No disseisin. A plea in a real action, by which the de- fendant denies that there was any disseisin it is a species of the general issue....
pleading. No such record 2. When a party claims to recover on the evidence of a record, as in an action on scire facias, or when he sets up his defenc...
pleading No wrong. 2. This is a plea to a real action, by which the defendant denies that he com- mitted any wrong. It is a species of gene- ral issue...
pleading. This is the gene- ral issue in an action of waste. Co. Entr. 700 a, 708 a. The plea of, nul waste ad- mits nothing, but puts the whole decla...
Properly, that which does not .exist; that which is not in the nature of things. In a figurative sense it signifies that which has no more effect than...
The retum made to a writ of fieri facias, by the sheriff, when he has not found any goods of the defendant on which he could levy. 3 Bouv. Inst. n. 33...
That which is absolutely void. 2. It is a yule of law that what is abso- lutely null produces no effects whatever; as, if a man bad a wife in full lif...
The son of no one; a bastard. 2. A bastard is considered nullius filius as far as regards his right inherit. But the rule of nullius filius does not a...
pleading. The name of a plea to an action on an arbitra- tion bond for not fulfilling the award, by which the defendant asserts that there is no award...
The name of a plea to an action of debt upon an obligation for the performance of an award, by which the defendant denies that he submitted to arbitra...
A collection of units. 2. In pleading, numbers must be stated truly, when alleged in the recital of a record, written instrument, or express contract....
practice. This phrase, which signifies now for then, is used to express that a thing is done at one time which ought to have been performed at an- oth...
The name given to the Pope s ambassador. Nuncios are ordinary or ex- traordinary; the former are sent upon usual missionas, the latter upon special oc...
international law, A messenger, a minister; the pope s legate, commonly called a nuncio. It is used to express that a will or testament. has been made...